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HomeMy WebLinkAbout07/11/1967 VB minutes MLNIIi~ OF THE REGULAR ~ING OF THE BOARD OF TRUSTE~S il, 1 67'; ,,, President Congreve called the meeting to order at 8:07 P.M. INVOCATION Trustee Grittani gave the invocation. ROLL CALL Pre§ent upon roll call: Colfer Kilroy Grittani Lewis Rogera Teichert Congreve APPROVAL OF ~ Trustee Colfer, seconded by Trustee Teichert, moved the minutes of the regular meeting of June 20, 1967 be approved as submitted. Minutes Upon roll call: Ayes: Colfer Grittani Ki~y Lewis Rogers Teichert Motion carried. Correction of minutes of June 29, 1967: Upon roll call on motion for appointment of Acting Village Mansger show negative vote of Trustee Teichert. Trustee Grittani, seconded by Trustee Teichert, moved the minutes of the special meeting of June 29, 1967 be approved as amended. Upon roll call: Ayes: Colfer Grittani ~roy Lewis Rogers Teichert Motion carTied. APPROVAL OF Bm.f .g General $ 63,932.59 Parking System Revenue 436.78 Approval of Library 5,938.96 Bills Motor Fuel Tax 4,420.77 Waterworks & Sewerage Dap. Imp. & Ext. 3,676.51 WaterWOrks & Sewerage Fund ;~728.43 Total $ 86,134,04 Trustee Colfer, seconded by Trustee Rogers, moved for approval of the above bills for payment. Upon roll call: Ayes: Colfer Grittani Kilrey Lewis Rogers Teichert Motion carried. CITIZfNS TO BE HEARD Mr." Arthur Linneman asked consideration of issuance of occupancy permits for two buildings erected and two building permits fortwo lots adjacent Linneman - to the buildings. After considerable discussion, Mr. Linneman was Occupancy advised to wait until later in the meeting until Utility Sewer & Water Permits draft escrow on the lift station was reviewed by the Board. Mr. John LilfJquist, 801 S. Eln~mzrst, purchaser of the Kester property at Lonnquist and 83 discussed the proposed widening of Lonnquist Blvd. He stated he had talked with Attorney R. Marlin Smith about the Lilijquist conde~m~mtion suit of the Village of Mount Prospect vs. Mrs. Kester, Kester requesting that it be held in abeyance until he offered alternate Property proposals to the Village. These alternate proposals involve slightly lesser amount than the 50 feet originally sought by the Village but still would give the Village enough property for its voiced needs. Jul.y 11, 1967 The matter was referred to the Judiciary Committee and Attorney amith. The next meeting of the Judiciary Committee will be August 4. Mr. Patrick O'Brien of ~hite Way Sig~n Company, appeared before the Farmer Board with regard to Farmer Cooper's sign variation. The Board of Cooper's signAppeals had recommended approval of a variation to permit a sign in an R-1 District. Mr. O'Brien requested a cbauge in the location of the sign, but this matter could not be considered as it had not been presented before the Board of Appeals. The variation for land use was referred to the Judiciary Ccrmuittee meeting Augus~t 47 Mr. Albert Motsch spoke before the Board with regard to the hiring Motsch - of a Village Manager, expressing his Opinion on the capabilities Village Mgr. required for the position and conformance to the State Statutes and the Village Manager referendum. Mrs. Edith Freund requested installation of a sidewalk to run from Sidewalk - Oak Street to the Meadows Park property on the south side of Gregory Meadows Park only, to protect children who go to the pool to swim during the s~amer months. Referred to Public Health and SafetY Committee, Trustee Teichert, seconded by Trustee Grittani, moved to waive the rules to pez~mft consideration of a matter not on the agenda. Upon roll call: Ayes: Colfer Grittani Kilroy Lewis Rogers Teichert ~ Motion carried ~ Mms. Jerome Sullivan voiced her objections to the granting of a Lot 136 building permit for the erection of a house on lot lB6 (917 S. 917 S. EmersOn~erson) stating it is in violation of the Village code. Mrs. Sullivan also showed sketches of the building as approved by the Architectural Committee, and revisions that were made later. Mr. Ross Miller, lB W. Hiawatha, also appeared as an objector, sta~ing he was opposed to the size of the home being erected on the irregular lot. Trustee Teichert reported he is requesti~ ~me~iments to the BUilding and Zoning Codes regarding "averaging-out" setbacks. Trustee Teichert, secoo~ed by Trustee Grittani, moved the Board act as a Committee-of-the-Whole to enter upon an investigation of the Morrison case. (Lot lB6). Upon roll call:~ Ayes: Colfer Grittani Eilroy Lewis Rogers Teichert Motion carried. Acting Village Maturer M~oore stated he would instruct the Superintendent of Buildings to issue a stop work order on the permit. The meeting date of the Committee-of-the-Whole was set for Thursday, Committee of July lB, at 8:00 P.M. It was requested that members of the Architectural the Whole Conm~ittee and the Building Superintendent be asked to attend. It was Meeting also suggested that Mr. Mo~re arrange to have Attorney Marlin Smith present. At this point in the meeting the Board adjourned for an Fxecutive Session. The meeting reconvened at 10:15 P.M. Present upon roll call: Colfer Grittani Kilroy Lewis Rogers Teichert Congreve Trustee Lewis presented the following Agreement: July 11, 1967 AGREEMENT AGREE~ made this llth day of July, 1967, between the following: PARTIES: 1. National Bank of Austin, as trustee under Trust Agreement dated March 27, 1964, and known as Trust No. B880 and not personally (hereinafter called the Agre~nent - "Owner" ); Natl Bank of 2. Village of Mount Prospect~ a m~aicipal corporation, Austin Mount Prospect, Illinois (hereinafter called the "Village"); Trust #3880 3. Utility Sewer ~ Water Co., 1000 E. Northwest Highway, Village of Mount Prospect, Illinois (hereinafter called the "Utility"). Mount Prospect PREAM~T,~: 1. WHEREAS, the Owner holds title to approximately 13 acres of vacant land located on Busse Road within the corporate limits of Mount Prospect, Illinois, and in an Utility area certificated for sewer and water service by the Sewer & Illinois Commerce Commission to the Utility; and Water Co. WHEREAS, THE Owner has applied to the Village for the issuance of building permits to permit the Owner to construct a multiple family residential development on said land pursuant to a planned development permit previously issued by the Village; and WHEREAS, the building department of said Village has indicated it would not issue said permits on account of a resolution of the Board of Trustees of the Village of Mount Prospect, dated May l?, 1966, directing its building department and other appropriate agencies to withhold the issuance of building and occupancy permits within the area certificated for sewer and water service until funds are set aside for the installation of a lift station to serve said certificatedJ, area; and WHEREAS, the Utility disputes the necessity for the construction of any such lift station or disputes that any such .lift station should be built at its expense; and WHEREAS, the Owner is prepared to deposit in an appropriate escrow fu~x~s sufficient for the construction of a lift station and agrees that said funds may be used for that purpose in consideration for the Village's agreement to issue building permits as hereinafter provided. NOW, THEREFORE, in consideratiq~ of the agreements herein contained and other good and valuable considerations, IT IS HEREBY AGB~:~:n BETWEEN THE PARTIES as follows: ESCROW: 1. Prormptly upon the execution of this Agreement, the Owner and the Village will enter into an escrow agreement with the Chicago Title and Trust Cmmpany as escrowee, cont~uing terms and provisions as hereinafter provided. Upon the opening of the escrow, the Owner will deposit a sum equal to the VillageSs estimate of the cost of constructing a lift station (not to exceed an amount agreed upon between the Village of Mount Prospect, Utility Sewer and Water Company and the beneficiaries of National Bank of Austin Trust #3380) to connect with the sewer lines of the Utility in its certificated area at or near its intersection with the interceptor line of the Metropolitan Sanitary District of Greater Chicago. 2. Upon the opening of the escrow and the deposit of said funds, the Village will issue appropriate building permits to the Owner for its planned development project in accordance with the applications for building per~mits now on file with the Village. July ll, 1967 3. Upon the opening of the escrow and deposit of said f~nds, building and occupancy permits will be issued in due course by the Village to all property owners in the Agreement, certificated area without regard to the resolution of the Village adopted May l?, 1966. It is understood continued that the owner's deposit of said funds is caused solely by the Village's refmsal to issue ~uildin~ permits to Owner without said deposit. It is further agreed, however, that the Village's execution of this Agreement is without prejudice to the Village's duty to require any applicant for a building and occupancy permit to comply with all other ordinances, resolutions or regulations of the Village of Mount Prospect before any building or occupancy permit shall be issued. 4. It is agreed that the Owner herein agrees to deposit funds for the construction of a lift station solely for the purpose of inducing the Village to issue building and occupancy permits for its proposed construction and does not constitute an admission by the Owner that any lift station is required or that the Village's stop order of May 17, 1966, is a valid, enforceable order insofar as it applies to the Owner's property. 5. It is further agreed that the Utility is entering Lnto this agreement for the sole purpose of enabling the Owner ~nd others similarly sitmated to obtain building and occupancy permits from the Village without the necessity of litigation between said Owner and the Village. The Utility has contended and still contends that the proposed lift station is neither necessary or desirable or should be constructed, if at all, at the Utility's expense. This Agreement is without prejudice to any issues raised in any litigation now pending between the Village and the Utility or any affiliated corporation of the Utility, including the issue of the validity of the Village's stop order of May l?, 1966, and d~mages, if any, resulting to any property owner fram the enforcement' of the said stop order. 6. The Utility agrees that the proposed lift station may be constructed on its utility system for the purpose of causing the Village to issue building and occupancy permits in its certificated~!area. In consideration of that agreement, the Village agrees to and does hereby indemaify and save the Utility harmless of and from all d~mages expenses, liabilities ~or costs arising out of any mal- function er defects in the operation of the lift station within the certificated area of the Utility, including flooding of property within the certificated area. ?. In the event the Village may hereafter acquire title to the p~4vsical assets of the Utility by purchase of said assets, condenmation award or acquisition of the outstanding capital stock of the Utility, ~the Village agrees that it will as soon as reasonably possible, reimburse the Owner for all funds expended from said escrow f~nds for the construction of the lift station. 8. If, upon the 'fif~l construction of the said lift station, any f~nds shall re~fn in the excrow, the Chicago Title and Trust Company shall be directed to pay said funds to the Owner. 9. The Village represents that upon the execution of this Agreement, no further action shall be required by its Board of Directors to carry out the terms and conditions of this Agreement. All escrow fees charged by the Chicago Title and Trust Company shall be divided equally between the parties. July 11, 1967 This Agreement is executed by the undersigned, Natio~l Bank of Austin, not individually, but solely as T~ustee under the terms of that certain Trust A~reement dated March 27, 1964, identified as T~ust ~eement No. 3880, and it is expressly understood and agreed by the parties continued hereto, anything herein to the contrary notwithstanding, that each and all of the undertakings and agreements herein made, are made and intended not as personal undertakings and agreements of the Trustee, or for the purpose of binding the Trustee personally, but this Agreement is executed and delivered by the Trustee solely in the exercise of the powers con- ferredupon it as such Trustee, and no personal liability or personal responsibility is assumed by, or shall-at any time be asserted or enforced ~inst said Trustee on account hereof or on account of any undertaking or agreement herein contained. Trustee Teichertmoved, Trustee Grittani seconded, that the three-party agreement between the Village of Mount Prospect, Utility Sewer and Water C~yany and the beneficiaries of National Bank of Austin Trust No. 3880 be entered into in behalf of the Village and that the Village President be authorized to sign and the Clerk to attest. Upon roll call: Ayes: Colfer Grittani Kilroy Lewis Rogers Teichert Motion carried. Trustee Teichert, seconded ~y Trustee Colfer, moved the enti_~e agree- ment be spread on the minutes. Unanimoms. Mr. Arthur Linneman was advised that if the three parties will execute the agreement the next procedure would be to open an escrow fund. The Arthur Acting Village Managerwill then check on the issuance of certificates Linneman of occupancy to determine if the building permits were issued prior to the stop order. Trustee Colfer presented the budget for the fiscal year 1967-1968. He cc~raended the Finance Committee and the Finance Director for the work involved and further made four recommen~ions: l) Budget timetable rescheduling for Board approval no later than May 1. (Referred to 1967-~8 Manager) 2). Con~prehensive Capital Improvements Plan (Referred to Budget Public Works). 3) Comprehensive Sewer M~utenance Improvement Plan (Referred to Public Works), and 4) Salary proposal for Fire and Police with longevity type of increase (Referred to Finance). Trustee Colfer, seconded by Trustee Rogers, moved for passage of the 1967-1968 Budget as presented. Under discussion, Trustee Teichert expressed the opinion that there should be a presentation of the finished budget to the Board withanopportunity to study an~ then Committee-of-the Whole discussion. However,because of the time lirait imposed, he suggested reconsideration of the base salary of the firemen and policemen, changing the rate from $7,980.00 to $8,005.00, and to charge the study of salaries of the police lieutenants and sergeants to the Finance Committee for review. Approved. Upon roll call vote for approval of budget: Ayes: Colfer Grittani Kilroy Lewis Rogers Teichert Motion carried. Trustee Colfer read Resolution 30-6?: A RESOL~IONESTABLISHING SALARIES IN THEFIRE Resolution 30-67 AND POLICE DEPARTMENTS Trustee Colfer, seconded by Trustee Grittani, ~oved for its passage ~ndapproval. Upon roll call: Ayes: Colfer Grittani Kilroy Lewis Rogers Teichert Motion carried. July tl, 1967 Trustee Lewis reported on receipt of a communication fram Ross, Hardies, O'Keefe, Babcock, McDugald and Parsons relating to the annexation of Annexation territory to Mount Prospect of that area south of Golf Road, west of E~e. South of 83. Judge McNamara overruled the objections of the City of Des Plaines. Golf Rd. On July 14 Judge McNamara is calling for an election and setting forth West of 83 other details which will be presented to the Board. £l'~iS TO BE REFERRED Case 67-1A ~k)al~d of Appeals Cases 67-1A 0tha L. Colwell, 811 W. M_ilburn variation 67-18A of side yard requirenents, 67-18A Dr. Dwain Marquette request for 67-22A dental office in EX District at 110~ Elmhurst, 67-22A John C. Gorman 67-27A reques~ for variation a~ 1407 S. Circle Dr. and Case 67-27A - Farmer Cooper's sign variation at 303 E. Kensington Rd. were referred to Judiciary Committee. Plan Cammission case 67-6P re building height to 30' was referred ~o Case 67-6P Building Cormmittee. Case 67-7P = Plan Commission Cases 67-7P re amending B-3 District uses and adding 67-8P a new B-4, Case 67-8P J. M. Brockman request for approval of preliminary 67-9P plat of subdivision Mt. Prospect Industrial Park, 67-9P J. M. Brickman 67-11P request ~o rezone proper~y from I-1 to B-3, Case 67-11P~Losacco & 67-12P Springston petition for rezoning and plat of subdivision, Case 67-12P request ~o rezone R-1 ~o B-2 for small business, Central near T~ncaster, 67-14P Case 67-14P request by South Church to rezone lots adjacent to church property were referred to Judiciary Committee. The mat~er of the Holiday Inn swimming pool as special use (Case 65-15) Case 65-15 was referred to Judiciary Cc~llittee. ADJO~ Trustee Colfer, seco~ded by Trustee Grittani, moved the meeting be adjourned. Time: 11:35 P.M. Unanimous. MARIET. HARD, Deputy Clerk July 11, 1967